도로교통법위반(음주운전)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
1. The summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor for 6 months and the second instance judgment: imprisonment with prison labor for 1 year) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the court of first and second instance should concurrently examine the cases of appeal by the court of first and second instance against the defendant. Each of the crimes of the court below against the defendant first and second in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, and should be punished as a single sentence within the term of punishment or amount increased by concurrent crimes under Article 38(1) of the Criminal Act.
Therefore, the judgment of the court below is no longer maintained in this respect.
3. If so, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that there is a ground for reversal under the above-mentioned authority, and the judgment below is reversed, and it is
Criminal facts
The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act, Article 152 (1) 1 and Article 43 of the Road Traffic Act, Article 52 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Article 151 of the Road Traffic Act, Article 156 of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 11369 of Feb. 22, 2012) and Article 46 (2) of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 11369 of Aug. 23, 2012), the main sentence of Article 48 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes and January 20, 2012